The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the punishment of the lower court (the fine of five million won and the completion of the sexual assault treatment program 40 hours) is too unreasonable.

2. In full view of all the facts pertaining to the judgment, the defendant's attitude is against his depth, the degree of the indecent act in this case, the defendant's age, occupation, economic situation, and the sentencing as shown in the records and arguments in this case, the judgment of the court below is considered to be unfair since the punishment of the court below is inappropriate. Thus, the defendant's argument is with merit

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where this judgment becomes final and conclusive, a defendant is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the chief of the competent police station pursuant to Article 43 of the same Act.

When comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process and seriousness of the instant crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved thereby, the effect of protecting the victims, etc., pursuant to the proviso to Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.